Brian Keith Umphress v. Gary L. Steel, in His Official Capacity as Chair of the State Commission on Judicial Conduct
This text of Brian Keith Umphress v. Gary L. Steel, in His Official Capacity as Chair of the State Commission on Judicial Conduct (Brian Keith Umphress v. Gary L. Steel, in His Official Capacity as Chair of the State Commission on Judicial Conduct) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Supreme Court of Texas ══════════ No. 25-0288 ══════════
Brian Keith Umphress, Appellant,
v.
Gary L. Steel, in his official capacity as chair of the State Commission on Judicial Conduct, et al., Appellees
═══════════════════════════════════════ On Certified Question from the United States Court of Appeals for the Fifth Circuit ═══════════════════════════════════════
PER CURIAM
The Fifth Circuit certified the following question: “Does Canon 4A(1) of the Texas Code of Judicial Conduct [concerning a judge’s extra-judicial activities] prohibit judges from publicly refusing, for moral or religious reasons, to perform same-sex weddings while continuing to perform opposite-sex weddings?” Umphress v. Hall, 133 F.4th 455, 471 (5th Cir. 2025). See TEX. CONST. art. V, § 3-c; TEX. R. APP. P. 58.1. We solicited briefing from the parties, and several helpful amici submitted briefs as well. In an order issued on October 24, 2025, we adopted a comment to Canon 4, which clarifies that “[i]t is not a violation of these canons for a judge to publicly refrain from performing a wedding ceremony based upon a sincerely held religious belief.” Ord. Adopting Comment to Canon 4 of the Tex. Code of Jud. Conduct, Misc. Docket No. 25-9082 (Tex. Oct. 24, 2025). Accordingly, the answer to the certified question is no.
OPINION DELIVERED: January 9, 2025
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